Law: Nature and Classification (AILET Legal-Aptitude): Questions 35 - 35 of 75
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Question number: 35
» Law: Nature and Classification
Appeared in Year: 2015
LEGAL PRINCIPLES: 1. Bigamy is not permitted under Hindu law. 2. A Hindu of sound mind can adopt a child of the gender they don’t already have a child of. 3. Only the child’s father, mother or guardian has the capacity to give the child up in adoption, under Hindu law.
FACTUAL SITUATION: Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son, Gunjan, with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh’s brother. However, Rajat’s parents decide to go off to Dubai for 5 years and they leave their son under the care oi Ramesh’s sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Suman want to adopt a daughter as well and they do adopt a girl- Sara -from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire family member are Buddhists. Keeping in mind the given principles and facts, solve the questions. Is Rajat’s adoption a valid adoption?
No, because Ramesh already has a son.
No, because Ramesh’s sister has no authority to give Rajat up in adoption.
Yes, it is a valid adoption because Ramesh has no child with Tania and Ramesh’s sister is Rajat’s guardian for 5 years at least.
|d.||Both a. and b. are correct|